| LEGAL
NOTICE Last
updated 04/05/2007
1. ACCEPTANCE OF TERMS We
will refer to the Wantickets.com web site as the "Service". We (that
is Wantickets.com and its other business groups and affiliates) will provide the
Service to you, subject to the following terms and conditions - referred to as
the "Service Agreement" or "SA", which may be updated or modified
by us from time to time without notice to you, therefore you need to regularly
check this agreement to stay up to date. You can review the most current version
of the SA at any time at http://www.Wantickets.com/aboutus/legalNotice.aspx. Your
use of the Service will confirm your agreement to these terms and conditions as
well as your acceptance of the changes we make to the SA. In addition, when using
particular Wantickets.com services subject to this SA, you and Wantickets.com
shall be subject to any posted guidelines or rules applicable to such services
which may be posted from time to time. All such guidelines or rules are incorporated
by reference into the SA. Consequently,
PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING Wantickets.com.
BY ACCESSING OR USING Wantickets.com, YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE Wantickets.com. REMEMBER THAT Wantickets.com MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF Wantickets.com
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. 2.
DESCRIPTION OF SERVICE Wantickets.com
is the premier nightlife destination on the Internet. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service shall
be subject to the SA. You understand and agree that the Service is provided "AS
IS" and that we do not assume responsibility for the timeliness, deletion,
mis-delivery or failure to store any user provided content, communications, or
personalization settings. In
order to use the Service, you must obtain access to the World Wide Web, either
directly or through devices that access web-based content, and pay any service
fees associated with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including a computer
and modem or other access device. 3.
YOUR REGISTRATION OBLIGATIONS
Use
of the Service may require you to register and obtain a password. In return for
our enabling you to use the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself when necessary or as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or we have reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). 4.
Wantickets.com PRIVACY POLICY Registration
Data and certain other information about you is subject to our Privacy Policy.
For more information, please see our full privacy policy at http://www.Wantickets.com/aboutus/privacy.aspx.
In addition, by using the Service, you acknowledge and agree that Wantickets.com
may preserve Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the SA; (c) respond to
claims that any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of Wantickets.com, its users and the public.
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY When
the particular service you use requires you to register as described above, you
will also receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify Wantickets.com
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. Wantickets.com
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section. 6.
USE OF THE SERVICE; MEMBER CONDUCT (a)
You understand that all information, data, text, messages, postings, or other
materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated.
This means that you, and not Wantickets.com, are entirely responsible for all
Content that you upload, post, or otherwise transmit via the Service. If you have
included information available through the Service then you are responsible for
making modifications or updating information to the extent there are errors or
updates are required. Wantickets.com does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances will
Wantickets.com be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content (for example, if an event posted
on Wantickets.com is listed on the wrong date, place, or time), or for any loss
or damage of any kind incurred as a result of the use of any Content posted, or
otherwise transmitted via the Service. You
agree that you will not use the Service or the information obtained through the
Service (including without limitation, directory or event listings): for
solicitations, commercial or otherwise;
for incorporation into a commercial
product or service;
to download directory listings or other information by
using any type of automated means;
for the purposes of soliciting, offending
or harassing any person or persons;
to alter the directory listings, event
listings, or other information, or enter additional listings or Content which
in any way: (i) are unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable, (ii) violates any patent,
trademark, service mark, trade secret, copyright or other proprietary rights ("Rights")
of another, or (iii) are known to be false or misleading at the time of entry.
harm minors in any way;
impersonate any person or entity, including, but
not limited to, a Wantickets.com official, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
provide any Content that you do
not have a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements);
transmit any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
interfere
with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected
to the Service; or
intentionally or unintentionally violate any applicable
local, state, national or international law.
(b) You acknowledge that Wantickets.com
does not pre-screen Content, but that Wantickets.com and its designees shall have
the right (but not the obligation) in their sole discretion to refuse, move or
remove any Content that is available via the Service. Without limiting the foregoing,
we shall have the right to remove any Content that violates the SA or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by us or submitted to us. (c)
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks
or devices. 7.
PUBLIC CONTENT POSTED TO Wantickets.com (a)
For purposes of the SA, "publicly accessible areas of the Service" are
those accessible by the general public. By way of example, a publicly accessible
area of the Service would include the Wantickets.com Message Boards. Please note
that this Content may be seen by anyone using the Service. (b)
With respect to all other Content you elect to post to publicly accessible areas
of the Service, you grant Wantickets.com the world-wide royalty-free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, perform
and display such Content (in whole or part) and/or to incorporate it in other
works, in any form, media, or technology now known or later developed. (c)
You represent and warrant that you have all right, title and interest in, or otherwise
have the right to publicly display all Content that you post to or transmit through
the Service and that the Content you post to or transmit through the Service does
not infringe, or dilute any third party right. 8.
Wantickets.com'S RIGHTS AND REPRESENTATIONS (a)
Wantickets.com reserves the right to deny access to you or any group of users
to the Service, at its sole discretion, at any time. Wantickets.com also reserves
the right to remove any listings or other information or Content from the Service
at any time and at its sole discretion.
(b)
Wantickets.com cannot and does not guarantee or warrant that files available for
downloading through the Service will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output, and for maintaining
a means external to the Service for the reconstruction of any lost data.
(c)
Wantickets.com DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE, OR ANY MERCHANTS LISTED ON THE SERVICE,
AND Wantickets.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. Wantickets.com DOES NOT WARRANT THAT
THE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. IN NO EVENT WILL Wantickets.com (OR ITS DIRECTORS, OFFICERS, EMPLOYEES,
SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES) BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED
FROM THE SERVICE, EVEN IF Wantickets.com OR ITS AUTHORIZED REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE, INCLUDING WITHOUT
LIMITATION ANY DIRECTORY OR EVENT LISTINGS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, Wantickets.com'S LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW. 9.
INDEMNITY You
agree to indemnify and hold Wantickets.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post to or transmit through the Service,
your use of the Service, your connection to the Service, your violation of the
SA, or your violation of any rights of another. 10.
MODIFICATIONS TO SERVICE Wantickets.com
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Wantickets.com shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service. 11.
TERMINATION You
agree that Wantickets.com, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for
lack of use or if Wantickets.com believes that you have violated or acted inconsistently
with the letter or spirit of the SA. Wantickets.com may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service under
any provision of this SA may be effected without prior notice, and acknowledge
and agree that Wantickets.com may immediately deactivate or delete your account
and all related information and files in your account and/or bar any further access
to such files or the Service. Further, you agree that Wantickets.com shall not
be liable to you or any third party for any termination of your access to the
Service. 12.
DEALINGS WITH ADVERTISERS Your
correspondence or business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You agree that
Wantickets.com shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service. 13.
LINKS The
Service may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because Wantickets.com has no control over such sites and
resources, you acknowledge and agree that Wantickets.com is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that Wantickets.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available on or
through any such site or resource. 14.
ADS Use
of this site is contingent on acceptance of viewing of any and all advertisements
(ADS) sent on or by pages of this site. ADS include, but are not limited to: banners,
buttons and pop-up windows. Users found to be using screening or filtering systems
to remove or hide ads from Wantickets.com may have their accounts terminated without
prior notice or warning. 15.
Wantickets.com'S PROPRIETARY RIGHTS AND IDEA SUBMISSIONS You
acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by Wantickets.com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the Service
or the Software, in whole or in part. The
compilation of the contents of the Service are copyrighted under the United States
copyright laws. The owner of the copyright is Wantickets.com and in some cases
a third party. Wantickets.com grants you a personal, non-transferable, non-sublicenseable,
and non-exclusive right and license to print and download portions of directory
or event listings from or other information found on the Service solely for your
own non-commercial use. Any other copying, redistribution, retransmission, display
or publication of any downloaded information is strictly prohibited without the
express written consent of Wantickets.com. You
agree to grant to Wantickets.com a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sublicense, to reproduce, distribute, transmit, create
derivative works of, and publicly display any Content, including directory listings
and other materials or information such as ideas contained therein for new or
improved products and services you submit to Wantickets.com (such as through posting
to public areas or mailing to Wantickets.com) by all means and in any media now
known or hereafter developed. You also agree to grant to Wantickets.com the right
to use your name in connection with the submitted Content as well as in connection
with all advertising, marketing and promotional material related thereto. You
grant Wantickets.com non-exclusive, royalty-free, worldwide permission to implement
or use in any manner and in any media any ideas or information contained in your
communications. You further agree to release Wantickets.com from any claims of
alleged or actual infringement, or misappropriation of any proprietary rights
that may result from such implementation or use. 16.
DISPUTE RESOLUTION Any
cause of action or claim you may have with respect to the Service must be commenced
within one year after the claim or cause of action arises or such claim or cause
of action is barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT,
TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT
OF OR RELATING TO THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL
BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN NEW YORK, NEW YORK, BY
A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL
ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrability of
Disputes shall also be determined by the arbitrator. Each party shall bear its
own expenses, except that the prevailing party may recover the filing costs and
the expenses of the arbitrator from the other party. Any award of the arbitrator
shall be in writing and shall state the reasons for the award. Judgment upon an
award may be entered in any Court having competent jurisdiction. The arbitrator
shall not have the power to order pre-hearing discovery of documents or the taking
of depositions, but may compel attendance of witnesses and the production of documents
at the hearing. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall
govern the interpretation and enforcement of this paragraph. The parties, their
representatives and participants and the arbitrator shall hold the existence,
content and result of the arbitration in confidence, except to the limited extent
necessary to enforce a final settlement agreement or to obtain or enforce a judgment
on an arbitration decision and award. The foregoing notwithstanding, this agreement
shall not prevent the parties from seeking and obtaining temporary equitable remedies,
including temporary restraining orders, from a court with jurisdiction over the
parties and the subject matter. A request to a court for interim equitable relief
shall not be deemed a waiver of the obligation to arbitrate. 17.
TRADEMARK NOTICES Wantickets.com,
ClubNYC, nightlifestyle, "Because sleep is overrated.", ClubLA, ClubMiami,
ClubLondon, ClubSeattle, ClubBoston, are trademarks and/or service marks of Wantickets.com.
Other Wantickets.com products, services and company names mentioned herein and
or applicable Company Web sites may be the trademarks and/or service works of
Wantickets.com. Other product, service and company names mentioned herein may
be the trademarks or service marks of their respective owners. 18.
MISCELLANEOUS This
Agreement shall all be governed and construed in accordance with the laws of the
State of New York applicable to agreements made and to be performed in New York.
This site is controlled and operated by Wantickets.com from its offices within
the United States of America. Wantickets.com makes no representation that materials
in the site are appropriate or available for use in other locations. Those who
choose to access this site from other locations do so on their own initiative
and are responsible for compliance with local laws, if and to the extent local
laws are applicable. Wantickets.com's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this Agreement. Wantickets.com
may assign its rights and duties under this Agreement to any party at any time
without notice to you. The section titles in the SA are for convenience only and
have no legal or contractual effect. 19.
VIOLATIONS Questions
and Concerns. For more information about Track Entertainment, send us an
e-mail.
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